Gregory v. Perdue

This case was submitted to the court below upon an agreed statement of facts, verified by affidavit of the appellant, that the controversy is real and the proceedings in good'faith, to determine the-rights of the parties.

*67On the 5th of January, 1859, Charles High, nowi and his wife Elizabeth D. High, made an absolute**wae^»»1 ranty deed to Perdue, conveying 1,615 acres of land, in Warren county, for an expressed consideration of $18,000. Afterwards High and wife claimed that the conveyance purporting to be a deed was really only a mortgage, and instituted a suit in the Warren Circuit Court to…